Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 1st June, 2012.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Directive 2011/63/EU¹ of 1 June, 2011 amending, for the purpose of its adaptation to technical progress, Directive 98/70/EC² of the European Parliament and of the Council relating to the quality of petrol and diesel fuels hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) (Amendment) Regulations 2012.

Amendments

2. (1) The European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 are amended-

(a) In Regulation 3(1) by substituting for the definition of "Annex I to Directive 98/70/EC² as amended" the following definition:

" "Annex I to Directive 98/70/EC2 as amended" means Annex I of Directive 98/70/EC² of 13 October 1998 as amended by Commission Directive 2000/71/EC³ of 7 November 2000; Directive 2003/17/EC⁴ of 3 March 2003; Regulation (EC) No. 1882/2003⁵ of 29 September 2003; Directive 2009/30/EC⁶ of 23 April 2009 and Commission Directive 2011/63/EU¹ of 1 June, 2011.",

(b) In Regulation 3(1) by substituting for the definition of "Annex II to Directive 98/70/EC² as amended" the following definition:

" "Annex II to Directive 98/70/EC² as amended" means Annex II of Directive 98/70/EC² of 13 October 1998 as amended by Commission Directive 2000/71/EC³ of 7 November 2000; Directive 2003/17/EC⁴ of 3 March 2003; Regulation (EC) No. 1882/2003⁵ of 29 September 2003; Directive 2009/30/EC⁶ of 23 April 2009 and Commission Directive 2011/63/EU¹ of 1 June, 2011.",

(c) In Regulation 3(1) by substituting for the definition of "Directive 98/70/EC² as amended" the following definition:

" "Directive 98/70/EC² as amended" means Directive 98/70/EC² of 13 October 1998 as amended by Commission Directive 2000/71/EC³ of 7 November 2000; Directive 2003/17/EC⁴ of 3 March 2003; Regulation (EC) No. 1882/2003⁵ of 29 September 2003; Directive 2009/30/EC⁶ of 23 April 2009 and Commission Directive 2011/63/EU¹ of 1 June, 2011."

(d) In Regulation 17 by substituting "a local authority." for "an authorised person."

GIVEN under my Official Seal,

30 May 2012.

PHIL HOGAN,

Minister for Environment, Community and Local Government.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations transpose Commission Directive 2011/63/EU¹ of 1 June 2011 amending, for the purpose of its adaptation to technical progress, Directive 98/70/EC² of the European Parliament and of the Council relating to the quality of petrol and diesel fuels.

These Regulations amend the European Communities Act, 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011. The amendments include updating standards EN 228 and EN 590 with regard to the testing of petrol and diesel.

1 OJ L 147, 2.6.2011, p. 15-16

2 OJ L350, 28.12.998, P. 58-68

3 OJ L 287, 14.11.2000, P.46-50

4 OJ L076, 22.03.2003, P.10-19

5 OJ L 284, 31.10.2003, P.1-53

6 OJ L 140, 5.6.2009, P.88-113